Domain Names and Intellectual Property

December 10, 2009

Attorney Answers Some Questions about Intellectual Property Rights

Entrepreneurs of all sorts need websites to promote their services and products. In today’s highly competitive environment, a strong web presence is a valuable asset for any business venture. However, individuals who want to create websites often have a lot of uncertainty about how to proceed. Attorney Robert Lech, of Lech Law LLC in Dublin, Ohio, provides answers to some frequently asked questions. Lech describes himself as “a computer lawyer.” In his experiences teaching cyberlaw at the University of Dayton, Lech has become aware of the kinds of questions most people have about domain names, websites, and intellectual property.
What is a Domain Name?

Lech says, “A domain name is the name by which you call your website. The website is your series of pages.” According to Lech, there is a misconception about the practice of registering domain names only to hold them until large companies are willing to pay for them. This practice is known as “cybersquatting,” and it is not legally permissible. A domain name must be registered in good faith. That means that it must be registered for a bona fide use, and not simply held in an effort to profit when someone else wants it.
How Are Domain Name Disputes Settled?

According to Lech, there are two ways that domain name disputes can be settled. The first is through trademark laws. The second is through a body called the Internet Corporation for Assigned Names and Numbers, or ICANN. This entity oversees the assignment of domain names. All registrars must follow the Uniform Domain Name Dispute Resolution Policy. Disputes can be settled without lawsuits, which may be costly, when they are brought before UDRP panelists. An international panel of judges can decide disputes under the UDRP. More information about this policy is available at their website.
What If Someone Steals Intellectual Property?

“All types of technological protection are imperfect,” says Lech. “Hackers have found ways around them.” He explains that hackers obtain access to websites, then change the information presented or extract information for their own use. Often, he says, people do not realize that what they are doing is stealing, because of the intangible nature of the internet. Taking information can be easy, and it doesn’t seem to be the same as stealing a physical object. However, anything that can be defined, and with rights that can be owned, can be stolen.

Although the originator of content has automatic copy rights to his material, original authorship may be difficult to prove in a legal dispute. Lech says, “An excellent and inexpensive way to prove you are the rightful owner of intellectual property is to file a copyright registration.” This can be done online, at the Electronic Copyright Office, for a small fee. Lech explains that legal decisions involving intellectual property disputes are very fact dependent, and they are decided based on specific evidence.

Precautions for Website Protection

People who create their own websites can do so more safely when they take precautions to protect their intellectual property. Obtaining legal copyrights to original work, utilizing technological protections to make it more difficult for hackers to succeed in gaining access, and staying up-to-date with rapidly developing intellectual property laws will help them develop and maintain an internet presence with confidence.

This article is intended as general information only and is not legal advice. If you are in doubt as to your legal rights or obligations you should contact a knowledgeable attorney licensed in your jurisdiction.

*source :suite101.com